Intake Interviews for Veterans

"Are you a veteran?" The question is increasingly common in intake interviews. While better than not asking at all, merely asking "are you a veteran" is inadequate.

Distinguishing social vs. statutory definitions of veteran can be hard. Parsing the variations among the dozens of statutory definitions of "veteran" is even harder. Women, LGTBQ persons, survivors of military sexual trauma, drafted veterans, and veterans with "bad paper" may be reluctant to discuss military experience, may not know they are veterans, or may choose not to self-identify as veterans.So what questions should advocates ask when identifying veteran clients?

The Two Most Important Questions

"Have you ever been an Active Duty, Reserve, or National Guard member of the United States Army, Navy, Air Force, Marines, or Coast Guard?"

This question elicits the exhaustive set of military experiences that can provide the qualifying active service that is a component in statutory definitions of veteran (excluding some narrow federal exceptions provided in 38 C.F.R. 3.7). Some veterans, particularly in early stages of representation, may be reluctant to self-identify. Rather than asking a person what they are ("Are you a veteran?"), this formulation asks clients to describe their experience.

"Do you receive any of the following military or veterans benefits?

- Military Retirement Pay paid by DFAS (the Department of Defense Accounting Service) for retiring for medical disability or after at least 20 years of service;- VA Service-Connected Disability Compensation--If so, what is your disability rating (the answer should be expressed as a percentage ranging from 0% to 100%, in increments of 10%); or- VA Non-Service Connected Pension to assist veterans who are low-income and older than 65 or totally disabled?"

If a veteran receives one of the above types of pay or benefit, an advocate can infer important information about a veteran's characterization of service, duration and era of service, or general life circumstances.

Additional Questions to Deepen Understanding

"Did you have multiple periods of service in the US Military?"

Members of the military may have multiple periods of service. Those who reenlisted have multiple consecutive periods of service. Others may have rejoined the military after separating from service earlier in life.

Multiple periods of service are significant because each period may be able to independently substantiate qualifying active service (for some benefits). This means that a veteran who was discharged with an Other Than Honorable COS may still be able to establish federal VA eligibility--without depending on a Discharge Upgrade or a VA Character of Service Determination--if an earlier period of service concluded "under conditions other than dishonorable".

Some benefits require a veteran to have served for a specified duration or to have served during a particular era. Understanding when and for how long a veteran served is key to knowing which benefits or programs the veteran may be eligible for.

"What characterization of service did you receive upon discharge from each period of service?"

A veteran's characterization of service (or characterizations of service if there were multiple periods of service) are essential to understanding whether the veteran satisfies a particular statutory definition of veteran.

"What is the reason for separation listed on your DD-214?"

Some reasons for separation act as statutory or regulatory bars to federal VA eligibility, regardless of the veteran's characterization of service. Other reasons for separation can redeem an otherwise ineligible characterization of service to make a veteran eligible for services.